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Timeliness Requirements for Motion for Summary Judgment Explained

In affirming the trial court’s determination defendants’ motion for summary judgment was untimely, the Fourth Department explained the applicable law:

“Where . . . a court does not set a date by which summary judgment motions must be made pursuant to CPLR 3212 (a), such a motion must be made no later than 120 days after the filing of the note of issue ‘except with leave of court on good cause shown’ ” … .  Good cause in the context of CPLR 3212 (a) “requires a showing of good cause for the delay in making the motion—a satisfactory explanation for the untimeliness—rather than simply permitting meritorious, nonprejudicial filings, however tardy”… .  O’Brien v Bainbridge…, 990, 4th Dept 9-27-13

 

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